ARUN KUMAR SINGH Vs. VINOD KUMAR SINGH

JUDGEMENT

(1.) WAY back in the month of May 1924 Justice Kulwant Sahay in the case of Sustu Sahu V/s. Nathuni Thakur (AIR 1924 Patna 689) had observed that in a proceeding under Section 145 Cr.P. C. it is highly desirable that once the hearing is commenced and witnesses are examined the hearing should go on from day to day until all the evidence is taken and argument is heard; then order should be passed as soon as possible. But I regret to say that the proceeding in the instant case shows lamentable carelessness on the part of the Sub -Divisional Magistrate/Executive Magistrate. The case was allowed to hang on since 1989 notwithstanding there being an order of this Court dated 29.11.1996 passed in Cr.W.J.C. 586 of 1996 directing the Magistrate to fix a peremptory date for taking up hearing of the case on which date the examination of the witnesses must commence and the same shall continue on a day to day basis till the inquiry is concluded and the Magistrate was further directed to dispose of the proceeding within a period of one year from the date of production of certified copy of the order before him. Unfortunately the decision of this Court seems to have been as ineffective as the express wording used by the legislature and this is the use to which Section 145 Cr.P.C. has been almost put with lamentable results and a proceeding designed as a summary remedy for preserving the peace has assumed the dimension of a civil suit to last as long as possible and become complicated.

(2.) THE sole O.P. first party in a proceeding under Section 145 Cr.P.C. being Case No. M -793 of 1989. is aggrieved by and has prayed for the quashing of order dated 7.10.2004 passed therein by Sri Kundan Kumar, learned Executive Magistrate, East Muzaffarpur, whereby he has directed the Anchal Adhikari as receiver to prepare a inventory of the trees standing over the disputed land, to institute cases against those members of the 2nd and 3rd party who had cut and taken away trees from the disputed lands as expeditiously as possible, to auction the crops and deposit the amount derived therefrom in the Sub -Divisional Nazarat and also settle the lands by auction for the growing of the next round of crops and to take steps for safeguard of the lands. Simultaneously directions were issued to the Officer Incharge to see that law and order was maintained. The grievance of the petitioner is that the learned Magistrate instead of obeying the order of this Court had protracted the proceeding for years together without adhering to the day to day hearing and attached the lands under Section 146(1) Cr.P.C. and appointed a receiver and even after passage of so many years he has not been able to decide on the question of possession.

(3.) ADMITTEDLY , as the oniy object of Section 145 Cr.P.C. is to prevent the breach of the peace and speedy remedy is provided by a summary proceeding, it is of the utmost importance that a decision on the question of possession should be given in the shortest possible time. However, this case at hand is of the year 1989 and notwithstanding the passage of 19 years has still to see the end of the road. The justification for continuing with the proceeding under Section 145 Cr.P.C. for such a long period does not deserve any kudos. This also goes to show that there is no real apprehension or likelihood of a breach of the peace and the prolongation of the proceeding is an under current.